Guide to International Legal Citation


H. European Union Materials



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H. European Union Materials

1. Official Journal of the European Union


THE RULE

When referring to documents of the European Union (EU), European Communities (EC) or predecessor organisations, the citation of the Official Journal of the European Union (OJ) should be included.

The document title should be in italics, followed by the year, the reference to the OJ and its series, the issue number, and the starting page. The basic form is as follows:

Document Title [Year] Official Journal Series issue number /

start page, pin cite.

The year is the one of publication in the OJ.

Regarding documents published after 1 January 1968, the series should be included after the reference to the OJ. Legislative acts are encompassed in the L series (OJ L), information and notices in the C series (OJ C), and invitations to tender in the S series. When referring to documents from 1952 until 1972, indicate if possible the Special Edition of the OJ.



EXAMPLES

1 Council Regulation (EC) No 659/1999 of 22 March 1999 Laying Down Detailed Rules for the Application of Article 93 of the EC Treaty [1999] OJ L 83/1, Art 6.

2 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the Right of Citizens of the Union and their Family Members to Move and Reside Freely within the Territory of the Member States Amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC [2004] OJ L 158/77, and corrigenda OJ L 229/35 and OJ L 197/34, Art 4.

3 Council Resolution of 29 June 1995 on the Effective Uniform Application of Community Law and on the Penalties Applicable for Breaches of Community Law in the Internal Market [1995] OJ C 188/1.

4 Commission Notice on the Enforcement of State Aid Law by National Courts [2009] OJ C 85/1, para 14.

5 Commission Decision 2013/283/EU on State Aid that France Plans to Grant to FagorBrandt [2013] OJ L 166/1.

2. Constitutive Documents


THE RULE

For general guidance, refer to section II.A of the GILC. The constitutive treaties of the EU, of the EC and predecessor organisations should be cited by giving the title of the treaty, which should include amendments if necessary, followed by the year of publication, the OJ series, the issue number and the starting page. The basic form is the following:



Treaty Title [Year] Official Journal Series issue number /

start page, Art Article number.

The most common short titles are:

TEU: Treaty on European Union

TFEU: Treaty on the Functioning of the European Union

TEC: Treaty Establishing the European Community

EXAMPLES

1 Consolidated Version of the Treaty on European Union [2012] OJ C 326/13 (TEU), Art 4.

2 Consolidated Version of the Treaty on the Functioning of the European Union [2012] OJ C 326/47 (TFEU), Art 5.

3 Charter of Fundamental Rights of the European Union [2012] OJ C 326/391, Art 6.

4 Consolidated Version of the Treaty Establishing the European Atomic Energy Community [2012] OJ C 327/1, Art 7.

3. Judicial Decisions


THE RULE

After 1989, EU judicial decisions are numbered according to whether they were registered at the Court of Justice of the European Union, the General Court of the European Union and the European Union Civil Service Tribunal. Decisions are given the prefix C- for Court of Justice of the European Union cases, T- for General Court of the European Union cases, and F- for the decisions of the European Union Civil Service Tribunal. No prefix should be added to decisions prior to 1989.

The decision should be cited by giving the case number, followed by the case name in italics, the year of the decision, the report abbreviation and the starting page. The basic form is the following:

Case/Joined Cases Case Number(s), Case Name [Year of Decision] Report Abbreviation - start page, para pin cite.

The official reports (ECR) should be cited where possible. Cases of the Court of Justice of the European Union are reported in volume one (ECR I-), and the decisions of the General Court of the European Union are reported in volume two (ECR II-). The volume number and the page number are attached with a dash. When an ECR reference is not available, the Common Market Law Reports (CMLR) should be used. If the case has not yet been reported, reference should be made to the notice in the OJ. If it has not been reported in the OJ, the case number and name should be followed by the name of the court and date of the decision in brackets.

When referring to an opinion of an Advocate General, the form is as follows:

Case/Joined Cases Case Number(s), Case Name [Year of Decision] Report Abbreviation - start page, Opinion of Advocate General Name of the Advocate General, para pin cite.

EXAMPLES

1 Case C-6/64, Costa v ENEL [1964] ECR 585.

2 Joined Cases C-46/93 and C-48/93, Brasserie du Pêcheur SA v Bundesrepublik Deutschland and The Queen v Secretary of State for Transport, ex parte: Factortame Ltd and Others [1996] ECR I-1029, para 74.

3 Case T-155/06, Tomra Systems ASA and Others v European Commission [2010] ECR II-4361, para 318.

4 Case C-370/12, Thomas Pringle v Government of Ireland, Ireland and The Attorney General [2012] 2 CMLR 2, para 182.

5 Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, European Commission and Others v Yassin Abdullah Kadi [2013] OJ C 260/2, para 163.

6 Joined Cases F-69/07 and F-60/08, O v Commission of the European Communities (European Union Civil Service Tribunal, 29 September 2009), para 75.

7 Case C-224/97, Erich Ciola v Land Vorarlberg [1999] ECR I-2517, Opinion of Advocate General Mischo, para 43.



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